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(영문) 광주지방법원 해남지원 2013.05.08 2012고단371
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 26, 2012, the Defendant violated the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.), around 06:0 on October 26, 2012, the Defendant threatened the victim by making the victim’s chest one stop at once and by hand on the ground that the victim D (nive, 47 years of age) does not interfere with his/her love, and by making the victim’s chests of the victim’s chests, which is a dangerous thing located therein (20cm in total length) with the victim’s chest, and “the same dead person”. On October 26, 2012, the Defendant threatened the victim. On October 26, 2012, the Defendant: (a) on the ground that the victim was not exposed to his/her faces or hand; (b) on the ground that he/she did not suffer damage to his/her face; and (c) on the ground that the victim’s neck or hand, the victim’s son’s son and her finger at one week.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A medical certificate;

1. Application of the Acts and subordinate statutes governing injuries;

1. Article 3 (1) and Article 2 (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) of the Criminal Act, Article 283 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., the fact that the victim has agreed smoothly with the victim and that his/her mistake has been pened in depth and reflected therein);

1. Article 62 (1) of the Criminal Act (In addition to the grounds for discretionary mitigation, various circumstances, such as the age, character and conduct, home environment, and circumstances after committing the crime, etc. recorded in the records of this case);

1. Probation and community service order shall be decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act;

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